AFFILIATE RESOURCE CENTRE
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Disclaimers and Notes:
It does not cost anything to join the program. You must be 18 years of age or older to enter into this Agreement with us.
We may reject affiliate applications if we determine (at our sole discretion) that an application is unsuitable for our affiliate program.
The Affiliate is responsible for keeping their account contact info up to date and must notify us if they move or otherwise changes their mailing address or e-mail address. The Affiliate must provide a valid and truthful Affiliate Application or their participation in the program will be rejected or terminated.
We reserve the right to terminate individual agreements at any time upon email notification.
The Affiliate may terminate this Agreement, at any time and for any reason, by giving us a Notice of Termination. Upon termination, the Affiliate agrees to forgo all future commissions and immediately cease using, and remove from their Website, all links, banner ads, other links materials, trademarks, logos, and all other materials that we may have provided the Affiliate to use in connection with the Program.
Affiliates that do not actively participate in the program (meaning little or no "click-throughs" via your banner/text links, as monitored via our affiliate program administrative panel over the a period of sixty (60) days, and/or, non-placement of affiliate banners/text ads) may be terminated. While no minimum amount of sales are required to remain active on our system, we reserve the right to 'clear' inactive or poorly performing affiliates from the program on a periodic basis so that we can focus on our time on affiliates who are active and performing well. Our affiliate resources section is an effort to help and encourage your participation in the Program.
Rejected or terminated affiliates may appeal by email and these will be dealt with on an individual basis.
We may contact you periodically with news, tips on marketing our services and products, affiliate earnings etc.
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by sending and email notice or post notice or a new affiliate terms on our site. If any modification is unacceptable to you, your only recourse is to terminate this agreement. Your continued participation in the program following notification of a change will constitute binding acceptance on your part to the change. Due to the above, we recommend the Affiliate visit the site on a regular basis and review any changes that may be made to the Program.
The content shall remain our property of and is protected by International Copyright Law and laws governing Intellectual Property Rights. You are responsible for ensuring that your participation in the program and your advertising obeys all applicable copyright and trademark laws.
We grant you a non-exclusive, revocable right to use our affiliate banner ads and affiliate text ads for the purpose of identifying your site as a program participant and for linking to our site. You may not modify the banners or any of our images or text in any way without our express permission.
The Affiliate cannot copy or resemble the look and feel of our site, nor create the impression your site is part of our site.
Relationship Between Parties
As an Affiliate you are an independent contractor, and nothing in this Agreement shall create any form of partnership, joint venture, franchise, agency, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything written here.
All of our policies regarding customer orders including but not limited to item availability, pricing and problem resolution will apply to these customers and these orders we receive through affiliate links on your site. We reserve the right to reject any order that does not comply with our policies. Every customer who buys a services or product through the affiliate program is deemed to be a customer of ours. You do not have the authority to make or accept any offer on our behalf. We are not responsible for any representations made by you which contradict our policies.
Refunds and chargebacks from customers referred through your affiliate link will be deducted from your commissions.
Orders made by the Affiliate
You as the the Affiliate CAN order our services for your OWN PERSONAL USE through YOUR affiliate link thus, in effect, giving you a 10% 'discount'!
We will make a best effort to pay the Affiliate the commissions they earned at the end of each month less any charges incurred, and less any amount we determine at our sole discretion, was not validly earned. However at our discretion we may delay a payment as long as we deem necessary for any reason such as to investigate and ensure it was validly earned, or that there is no chargeback or customer dispute, etc. We are not responsible for paying interest to Affiliates for accrued but not yet delivered Commission payments.
Any tax liability on the amount of commission received will be your responsibility.
Commissions are paid in US dollars through PayPal.
Any Affiliate who brings our company into disrepute, or who promotes any form of slander or unfair business practices, will have their Affiliate status cancelled and any outstanding commissions will be forfeited. We reserve the right to reject any affiliate application if in our opinion they violate established laws or commonly held standards of decency. Affiliates who ignore warnings to cease and desist any activities we deem negligent, inappropriate, or harmful to us and or other affiliates will be terminated.
Generating bogus traffic, referrals and sales by electronic means or otherwise, for the purpose of inflating commissions will be tracked and monitored. The Affiliate is prohibited from earning income through any sort of fraudulent or illegal activity. The Affiliate agrees to reimburse us for all commissions received for fraudulent or falsified transactions, plus all costs for investigations and legal actions that may be brought against the Affiliate. We reserve the right to withhold any commissions made by the Affiliate while under investigation for fraudulent activities.
We however will not permit the sending of unsolicited bulk emails which promote, or make reference to our company, associates, partners, or employees. Other prohibited forms of advertising include inappropriate postings to newsgroups and forums.
Affiliates may not advertise in any way that effectively conceals or misrepresents their identity, their domain name or their return email address.
Any Affiliate who, in our opinion, engages in any of the inappropriate forms of advertising will have their Affiliate status terminated immediately and any and all outstanding commissions will be forfeited.
We shall have no liability for any damages (indirect, incidental or consequential) or any loss of revenue arising under or with respect to this agreement or our Affiliate Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement. Any damages that result from your actions negligence will result in action being taken against you for compensation.
We have NO responsibilities with regard to your site. The Affiliate will be responsible for the technical operations of their Website and for ensuring that all promotional materials, online or offline, use the correct tracking code and are kept up to date.
We make no express or implied warranties or representations with respect to the Program or any services or products sold through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or usage).
We make no representation that the operation of our site or affiliate program will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
The Affiliate agrees that we are not responsible for delays, intermittent unavailability, acts of God, weather, fire, strikes, war, governmental regulations, computer problems, e-mail delivery problems, or any other causes beyond our control.
As an affiliate you acknowledge that you have read this Agreement and agree to all its terms and conditions. The Affiliate understands that the we may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this Agreement or operate websites or businesses that are similar to or compete with the Affiliate's website or business. The Affiliate has independently evaluated the desirability of participating in our Program and is not relying on any representation, guarantee, or statements other than as set forth in this Agreement.
This Agreement shall be governed by Canadian law. Should any provision of this Agreement be held to be invalid by a court of competent jurisdiction, all other provisions will remain in effect and are enforceable by the parties.
Subject to applicable law, the Affiliate hereby agrees to indemnify, hold harmless, and defend our organization, gents, officers, directors, shareholders, employees, advisors, and independent contractors, or anyone else who has been involved in the creation, production, or delivery of the Program or any of the products/services sold through the Program that are the subject of this Agreement from any and all claims and/or legal action without limitation, resulting from his/her use, or inability to use the Program which damages the Affiliate or another party. This indemnification shall survive the termination of this Agreement.